Lack of volition is not a defense to an alleged probation violation.
Criminal
Norton v. State, No. 22A-CR-2314, __ N.E.3d __ (Ind. Ct. App., May 23, 2023).
There is no provision of the appellate rules which permits trial courts to expand the time limit in which to seek appeal as prescribed by Appellate Rule 9
Moore v. State, No. 22A-CR-1979, __ N.E.3d __ (Ind. Ct. App., May 26, 2023).
In distinguishing between the odor of marijuana and hemp for purposes of determining whether there was probable cause to search a vehicle, courts apply the “fair probability” test. Although it may equally possible that a strong odor emanating from a vehicle may be hemp just as marijuana, circumstances may create a fair probability—that is, “a substantial chance”—that the vehicle contains contraband.
Wainscott v. State, No. 22A-CR-1817, __N.E.3d __ (Ind. Ct. App., May 16, 2023).
A warrant authorizing a search, testing, or other analysis of an item, tangible or intangible, is deemed executed when the item is seized by a law enforcement officer.
Oberhansley v. State, No. 20S-LW-620, __ N.E.3d __ (Ind., May 17, 2023).
The jury’s LWOP recommendation implicitly reflected the necessary weighing determination; the trial court did not err in imposing the sentence. Considering his character and the nature of the crimes, the sentence was not inappropriate.